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No wills in Minnesota

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Dennyden10

New member
My Grandma owned 3 houses, all paid for by my grandma, but on the titles of the house listed was her daughter(my aunt) who passed away in 2012. It appears that nothing was ever changed after she passed away. My aunt did not have a will. My grandma had one other child, my father. My grandma passed away in April, also with no will. And now my father passed away in the end of November. My aunt had 2 kids, and my dad had 3 kids. Legally, in Minnesota, how should estate be divided up now?
 


Litigator22

Active Member
My Grandma owned 3 houses, all paid for by my grandma, but on the titles of the house listed was her daughter(my aunt) who passed away in 2012. It appears that nothing was ever changed after she passed away. My aunt did not have a will. My grandma had one other child, my father. My grandma passed away in April, also with no will. And now my father passed away in the end of November. My aunt had 2 kids, and my dad had 3 kids. Legally, in Minnesota, how should estate be divided up now?

Pardon me for saying so, but at best your post is ambiguous and speculative.

Firstly, what is meant by: "on the titles of the house listed was her daughter"? Do you mean that at the time of her death your aunt held a partial ownership in each of the three houses. If so, what proportion or percentage of each did she own and how did she acquire such ownership?

What documentation (deeds, etc.) appears in the county real property records supporting your conclusion that auntie was a co-owner of the three properties? Have you examined those records or are you simply relying on word of mouth, rumor or what?

Secondly, from what does it "appear" that "nothing was changed" after auntie's death? Hearsay? Do you know for a fact that aunt's ownership was not held subject to the rights of survivorship between she and grandma? OR that she didn't quitclaim her interest back to grandma before her death?

The point here is that before talking about "how should estate be divided up legally" [sic] we ought to have a better feeling as to what estate needs dividing and what is there is to divide.
 

LdiJ

Senior Member
Pardon me for saying so, but at best your post is ambiguous and speculative.

Firstly, what is meant by: "on the titles of the house listed was her daughter"? Do you mean that at the time of her death your aunt held a partial ownership in each of the three houses. If so, what proportion or percentage of each did she own and how did she acquire such ownership?

What documentation (deeds, etc.) appears in the county real property records supporting your conclusion that auntie was a co-owner of the three properties? Have you examined those records or are you simply relying on word of mouth, rumor or what?

Secondly, from what does it "appear" that "nothing was changed" after auntie's death? Hearsay? Do you know for a fact that aunt's ownership was not held subject to the rights of survivorship between she and grandma? OR that she didn't quitclaim her interest back to grandma before her death?

The point here is that before talking about "how should estate be divided up legally" [sic] we ought to have a better feeling as to what estate needs dividing and what is there is to divide.

Aunt passed away in 2012. Grandma passed away in 2019. If there was a right of survivorship involved, then the properties would have passed solely to grandma after aunt's death.
 

t74

Member
The essential thing is to get an attorney involved and probate started if this has not been done already. This is for the benefit of both those inheriting the property and also for future owners. Clouded titles are a major problem when they occur!
 

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